An injury happens outside of work, can they force me to get temporary disability and not take vacation/ sick time?

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An injury happens outside of work, can they force me to get temporary disability and not take vacation/ sick time?

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Asked on February 2, 2018 under Employment Labor Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, if you have vacation or sick days which you have earned or accrued, you may use them: they are part of your compensation, and you have the right to take them. After they are used up, however, if you can't return to work, your employer can terminate you unless you use some other form of leave, like Family and Medical Leave Act (FMLA) leave (assuming your employer is covered by it and you are eligible--you can find the rules for FMLA on the U.S. Dept. of Labor website) for your absence; you cannot miss work without using some legally guaranteed leave like FMLA or paid time off which you earned.


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